DINESH KUMAR @ DEEPAK Vs. SHIV KUMAR & ORS

JUDGEMENT

(1.) CM No. 778/2014(delay of 23 days)

(2.) In para-9 of the impugned order dated 4.9.2012 the relevant clause of the MOU is reproduced and this para 9 reads as under:-

(3.) Supreme Court in the case of Dhurandhar Prasad Singh Vs. Jai Prakash University & Ors., 2001 6 SCC 534 has held that there is no abatement when there is devolution of interest during the pendency of the suit under Order 22 Rule 10 CPC, and which position is unlike the one under Order 22 Rules 3 and 4 wherein there is an abatement. Therefore, with respect to an application under Order 22 Rule 10 CPC there is no limitation because there can be no abatement.